Appellate Division: Second Judicial Department

M36559

S/nal

ANITA R. FLORIO, J.P.

HOWARD MILLER

STEPHEN G. CRANE

GLORIA GOLDSTEIN, JJ.

2005-01097, 2005-10349 In the Matter of Darlene L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursual L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Guy L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Jennifer L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Krista L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Nicholas L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Vincent L. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 6) (Docket Nos. N-14770-04, N-14771-04, N-14772-04, N-14773-04, N-14774-04, N-14775-04, N-14776-04, N-14777-04, N-14778-04, N-14779-04, N-41780-04, N-14781-04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 9, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant Ursula L. on an appeal from an order of the Family Court, Suffolk County, dated SepteImber 30, 2005 (Appellate Division Docket No. 2005-10349), for leave to prosecute that appeal as a poor person, and to consolidate the appeal with appeals by herself and Frank L. from an order of the same court dated January 3, 2005 (Appellate Division Docket No. 2005-01097), and separate motion by the appellants to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave for Urusla L. to prosecute the appeal from the order dated September 30, 2005, as a poor person is granted, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant Ursula L., without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the Clerk of this court. The Clerk of this court is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellants serve their brief upon those parties; and it is further,

ORDERED that the motion to enlarge the time to perfect the appeals is granted, appellants' time to perfect their respective appeals by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing their brief on the appeals is enlarged until May 1, 2006; and it is further,

ORDERED that the filing fee is waived; and it is further,

ORDERED that the branch of the motion which is for consolidation is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

FLORIO, J.P., MILLER, CRANE and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court